Judicial Transfer Law and Legal Definition
Judicial transfer refers to a decision to transfer a case to another court or another judge. For example, it can be for matters relating to jurisdiction or as a mechanism by which children can be prosecuted in the adult criminal system. It could also refer to transfer of property pursuant to an order by the court or Judicial sale.
Example of a state statute on transfer of cases:
Burns Ind. Code Ann. § 33-25-1-5. Docketing of cases -- Transfer between districts.
A case appealed to the court of appeals shall be placed upon the docket of the district from which the appeal is taken. If, at any time, the court of appeals believes there is an undue disparity in the number of cases pending on the dockets of the districts, the court of appeals may order the transfer of cases as it considers advisable from one (1) district to another.
Burns Ind. Code Ann. § 33-29-6-1. Grounds for transfer of action to circuit court.
In all counties that contain circuit and superior courts, the judge of the superior court may, upon the judge's own motion, transfer any case filed and docketed in the superior court to the circuit court to be redocketed and disposed of as if originally filed with the circuit court if:
(1) any reason for change of venue from the judge of the superior court is shown to exist as provided by law;
(2) more cases are filed in the superior court during any term of the superior court than can be disposed of with expedition; and
(3) in the opinion of the superior court, an early disposition of the case is required
